21538 - Second Exposure Draft...2020/12/14 · i Environment Protection Regulations Second Exposure...

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Environment Protection Regulations

Second Exposure Draft

TABLE OF PROPOSALS Proposal Page

Chapter 1—Preliminary 1 Part 1.1—Introductory matters 1

1 Objectives 1 2 Authorising provision 2 3 Commencement 2 4 Definitions 3 5 Determinations of the Authority 30 6 Act compliance notes 32 7 References to Chapters and Parts 33

Chapter 2—Contaminated land 34 Part 2.1—Contaminated land 34 Division 1—Prescribed notifiable contamination 34

8 Soil contamination 34 9 Asbestos in or on soil 35 10 Actual or likely contamination of groundwater or surface

water 35 11 Vapour inhalation pathway (vapour intrusion) 37 12 On-site retention of contaminated soil 39 13 Prescribed exempt notifiable contamination 39 14 Prescribed information for notifications 40

Division 2—Non-aqueous phase liquids 40 15 Clean up of non-aqueous phase liquids 40

Chapter 3—Permissions 42 Part 3.1—General 42

16 Permission activities 42 17 Matters to be included in permission applications to the

Authority 43 18 Prescribed conditions under section 64 of the Act 44 19 Prescribed circumstances for refusal of permission 44 20 Permission conditions 45

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21 Authority or council may request additional information regarding certain applications 47

Part 3.2—Licences 49 22 Referral of development licence applications to prescribed

agencies 49 23 Circumstances in which operating licence must be refused 51 24 Criteria for considering licence exemptions 52

Part 3.3—Permits 54 25 Prescribed permit activities to be administered by councils 54 26 Prescribed matters for applications to councils in relation to

on-site wastewater management systems 54 27 Prescribed period for deciding permit applications 57 28 Prescribed matters Authority or council must take into account

when determining whether to issue permit 58 29 Circumstances in which permit must be refused 62 30 Prescribed period during which permits remain in force 65 31 Prescribed matters Authority must consider when determining

whether to issue permit exemption 66 32 Prescribed matters for on-site wastewater management system

permit exemptions 67 33 Approval of use of on-site wastewater management system 68 34 Prohibition on use of on-site wastewater management system 69 35 Prescribed matters Authority must consider when determining

whether to renew permit 69 Part 3.4—Registrations 70

36 Prescribed period during which registrations remain in force 70 Part 3.5—Exemptions from certain permission activities 70 Division 1—Activity-specific exemptions 70

37 Prescribed exemptions in relation to development activities 70 38 Prescribed exemptions in relation to operating activities 71 39 Prescribed exemptions in relation to item 73 (L01—General

discharges or emissions to the atmosphere) of the Table in Schedule 1 73

40 Prescribed exemptions in relation to permit activities 75 Division 2—Exemptions applying to more than one permission activity 76

41 Prescribed exemption from permit if person holds a higher order permission 76

42 Prescribed exemption from registration if person holds a higher order permission 77

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Part 3.6—Environment protection levy and waste levy 78 43 Environment protection levy 78 44 Waste levy activity 79 45 Waste levy payable for soil containing asbestos only 80 46 What is an allowable rebate? 80 47 When must the waste levy be paid? 81 48 Information for calculating waste levy 81 49 Information for calculating allowable rebate 82 50 Information to be provided to the Authority 83 51 When must any allowable rebate be claimed? 83 52 Municipal districts subject to higher waste levy for municipal

and industrial waste 84 Part 3.7—Additional or alternative penalty for prohibited persons 86

53 Section 89 prescribed permission activity 86 Chapter 4—Waste 87 Part 4.1—Litter and unsolicited documents 87 Division 1—Dangerous litter and unsolicited documents 87

54 Dangerous litter 87 55 Depositing or affixing unsolicited documents 87 56 Persons who commission or engage other persons for the

distribution of unsolicited documents 88 Division 2—Other offences and matters 89

57 Offence relating to public litter receptacle 89 58 Loading of vehicles 89 59 Persons who may take proceedings 90

Part 4.2—Industrial waste and priority waste 91 Division 1—Industrial waste 91

60 What is industrial waste? 91 61 Classifying industrial waste 91 62 Classifying soil sourced on-site from contaminated land 93 63 Authorised to receive industrial waste 93 64 Declaration of use 96

Division 2—Priority waste 99 65 What is priority waste? 99 66 Classification of priority waste as reportable priority waste in

accordance with the Waste Classification Assessment Protocol 100 67 Classification of priority waste consigned for disposal 102 68 Classification of priority waste that is soil 103 69 Priority waste classification—information 104 70 Mixing, blending or diluting priority waste 105

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Division 3—Reportable priority waste 105 71 What is reportable priority waste (transactions)? 105 72 What is reportable priority waste (transport)? 106 73 What transactions apply in connection with reportable priority

waste 106 74 Manner and form for recording and providing transaction

details—reportable priority waste 107 75 Transaction details to be recorded and provided in relation to

the consignment of reportable priority waste for transport 108 76 Transaction details to be recorded and provided in relation to

the transport of reportable priority waste 108 77 Transaction details to be recorded and provided in relation to

the receipt of reportable priority waste 109 78 Manner and form for recording and providing transaction

details—controlled waste 110 79 Transaction details to be recorded and provided in relation to

the consignment of controlled waste 111 80 Transaction details to be recorded and provided in relation to

the transport of controlled waste 112 81 Transaction details to be recorded and provided in relation to

the receipt of controlled waste 113 82 Offences in relation to the transport of controlled waste 114 83 Application for approval of electronic system for recording or

providing transaction details 114 84 Approval of application for electronic system 116 85 Exemptions for interstate movement of controlled waste 116

Division 4—Waste designations 118 86 Authority may issue designation 118 87 Applications for designations 121

Division 5—Accredited consigners 122 88 Accredited consigners 122 89 Appointment of accredited consigners 122 90 Variation of accredited consigner appointment 124 91 Accredited consigner may apply for reappointment 124 92 Accredited consigner may surrender appointment 125

Part 4.3—Used packaging materials 126 93 Application 126 94 Packaging for which brand owners are responsible 127 95 Requirements to recover, reuse and recycle materials and

review packaging design 127 96 Recovery rate 129 97 Categories of material 129 98 Brand owners must keep records 130

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99 Brand owners must report annually 131 100 Councils must provide information 132

Part 4.4—Regional Waste and Resource Recovery Implementation Plans 135

101 Landfill scheduling in Regional Waste and Resource Recovery Implementation Plans 135

Chapter 5—Environmental management 136 Part 5.1—Prohibited chemical substances 136

102 Prohibition on use of certain chemical substances 136 Part 5.2—Air 137 Division 1—National pollutant inventory 137

103 Definitions 137 104 Occupier must provide data 141 105 Estimation techniques 142 106 Occupier must keep data for period of 5 years 143 107 Commercially sensitive information 143 108 Authority may approve matters for this Division 144

Division 2—Solid fuel heaters 145 109 Manufacture of solid fuel heaters 145 110 Supply of solid fuel heaters 146

Division 3—Protection of the ozone layer 147 111 Requirements for handling methyl bromide 147

Division 4—Class 3 substances 149 112 Generators or emitters of Class 3 substances 149

Part 5.3—Noise 150 Division 1—Noise Protocol 150

113 Prediction, measurement, assessment and analysis of noise must be in accordance with Noise Protocol 150

Division 2—Unreasonable and aggravated noise from residential premises 150

114 Unreasonable noise from residential premises 150 115 Aggravated noise from residential premises 153

Division 3—Unreasonable and aggravated noise from commercial, industrial and trade premises 153

116 Definitions—operating time periods 153

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117 Noise sources that must not be taken into account in this Division 154

118 Unreasonable noise from commercial, industrial and trade premises 155

119 Cumulative noise 156 120 Frequency spectrum 156 121 Aggravated noise from commercial, industrial and trade

premises 157 Division 4—Unreasonable and aggravated noise from entertainment venues and outdoor entertainment events 157 Subdivision 1—General 157

122 Music noise from live music entertainment venues 157 Subdivision 2—Indoor entertainment venues 158

123 Definitions—operating time periods 158 124 Noise sources that must or must not be taken into account 159 125 Unreasonable noise from an indoor entertainment venue 159 126 Cumulative music noise from indoor entertainment venues 160 127 Aggravated noise from an indoor entertainment venue 160

Subdivision 3—Outdoor entertainment venues and outdoor entertainment events 161

128 When a permit is required for an outdoor entertainment venue 161 129 When a permit is required for an outdoor entertainment event 161 130 Unreasonable noise from outdoor entertainment venues or

outdoor entertainment events 162 131 Aggravated noise from an outdoor entertainment venue or

outdoor entertainment event 163 Part 5.4—Water 164

132 Discharge or deposit of waste from vessels 164 Part 5.5—Plastic shopping bag ban 167

133 Retailer must not sell or provide banned plastic bag 167 134 Provision of false or misleading information 167

Part 5.6—Emissions from motor vehicles 168 Division 1—General 168

135 Application 168 Division 2—Air emissions 168

136 Visible pollution from motor vehicles 168 137 Vehicle exhaust emissions—spark ignition engines

manufactured 1 July 1976 to before 1 February 1986 168

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138 Vehicle exhaust emissions—spark ignition engines manufactured on or after 1 February 1986 169

139 Vehicle exhaust emissions—diesel engine vehicles manufactured before 1 January 1996 171

140 Vehicle exhaust emissions—diesel engine vehicles manufactured on or after 1 January 1996 172

Division 3—Noise emissions 174 141 How to determine motor vehicle noise emissions 174 142 Noise emissions—motor vehicles approved in accordance with

ADR 83/00 174 143 Noise emissions—passenger vehicles not approved in

accordance with ADR 83/00 175 144 Noise emissions—goods vehicles and buses not approved in

accordance with ADR 83/00 175 145 Noise emissions—motor cycles and motor trikes not approved

in accordance with ADR 83/00 179 146 Non-compliant device 180

Division 4—Vehicle noise labelling standards 180 147 Labelling of motor cycles and motor trikes 180

Division 5—General motor vehicle offences 182 148 Selling or supplying a motor vehicle capable of exceeding a

prescribed standard for the emission of noise 182 149 Noise defeat devices 183

Division 6—Petrol vapour pressure 184 150 Definition 184 151 Monthly average volumetric vapour pressure 184 152 Production of petrol with excess vapour pressure 185 153 Vapour pressure—record keeping 186 154 Annual compliance report 186

Division 7—Approved motor vehicle testers and certificates of compliance 187

155 Appointment of approved motor vehicle testers 187 156 Authority may require motor vehicle to be tested 187 157 Approved motor vehicle tester to test vehicle 188 158 Offences to use or supply or sell certain motor vehicles 189

Part 5.7—On-site wastewater management systems 190 159 On-site wastewater management system operation and

maintenance 190 160 Duty to provide information to occupier 191 161 Duty to notify council 191 162 Duty to keep and provide maintenance records 192

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163 Council may order maintenance 193 Chapter 6—Environmental audits and financial assurances 195 Part 6.1—Environmental audit system 195

164 Functions of environmental auditors 195 165 Authority approval of environmental auditor functions 196 166 Prescribed time to apply for reappointment as environmental

auditor 197 Part 6.2—Financial assurances 198

167 Prescribed permissions 198 168 Risk assessment criteria 198

Chapter 7—Enforcement 200 169 Infringement offences and infringement penalties 200 170 Monetary benefit orders protocol 200 171 Council may take proceedings for specified offences relating

to on-site wastewater management systems 200 Chapter 8—Fees 202 Part 8.1—Development licences 202

172 Prescribed application fee for development licence 202 173 Prescribed transfer fee for development licence 203 174 Prescribed amendment fee for development licence 203 175 Prescribed exemption fee for development licence 203

Part 8.2—Operating licences 204 176 Prescribed application fee for operating licence 204 177 Prescribed annual fee 204 178 Prescribed time and period for annual fee 205 179 Prescribed transfer fee for operating licence 206 180 Prescribed amendment fee for operating licence 206 181 Prescribed surrender fee for operating licence 206 182 Prescribed exemption fee for operating licence 207

Part 8.3—Pilot project licences 208 183 Prescribed application fee for pilot project licence 208 184 Prescribed transfer fee for pilot project licence 208 185 Prescribed amendment fee for pilot project licence 208

Part 8.4—Permits 209 Division 1—Fees for reportable priority waste transport permits 209

186 Prescribed application fee for permit to transport reportable priority waste 209

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187 Prescribed transfer fee for permit to transport reportable priority waste 209

188 Prescribed amendment fee for permit to transport reportable priority waste 209

189 Prescribed surrender fee for permit to transport reportable priority waste 210

190 Prescribed exemption fee for reportable priority waste transport permit—interstate authorisation 210

191 Prescribed exemption fee for reportable priority waste transport permit 210

192 Prescribed renewal fee for permit to transport reportable priority waste 210

Division 2—Fees for controlled waste transport permits 211 193 Prescribed application fee for permit to transport controlled

waste into Victoria 211 Division 3—Fees for other permits issued by the Authority 211

194 Prescribed fees for certain permits 211 195 Prescribed fees for permits relating to outdoor concerts or

events 213 Division 4—Prescribed fees in relation to on-site wastewater management systems 213

196 Prescribed application fee for permit to construct, install or alter an on-site wastewater management system 213

197 Prescribed fee to transfer on-site wastewater management system permit 214

198 Prescribed fee to amend on-site wastewater management system permit 215

199 Prescribed exemption fee for on-site wastewater management system permit 215

200 Prescribed renewal fee for on-site wastewater management system permit 216

Part 8.5—Registrations 217 201 Prescribed application fee for registration to transport

reportable priority waste 217 202 Prescribed exemption fee for reportable priority waste

transport registration—interstate authorisation 217 203 Prescribed renewal fee for registration to transport reportable

priority waste 217 Part 8.6—Financial assurances 218

204 Prescribed review fee for financial assurance 218 205 Prescribed fee for requesting release of financial assurance 218

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Part 8.7—Environmental auditors and audits 219 206 Prescribed application fee for appointment as environmental

auditor 219 207 Prescribed fee for reappointment as environmental auditor 219 208 Prescribed fees to be paid by environmental auditor 219

Part 8.8—Other fees 220 209 Prescribed application fee for authorisation of emergency

storage, use etc. of waste 220 210 Prescribed fees for better environment plans 220 211 Prescribed amendment fee for better environment plan 221 212 Prescribed application fee for appointment as accredited

consigner 222 213 Prescribed fee for revocation or variation of site management

order 222 214 Prescribed fee for application for exemption from a provision

of the regulations or a legislative instrument 222 Part 8.9—Fees waiver or refund 223

215 Authority or council may waive or refund fees 223 Chapter 9—Administrative matters 224 Part 9.1—Public Register 224

216 Additional information to be kept on the Public Register 224 217 Time and manner for accessing the Public Register 224

Chapter 10—Saving and transitionals 225 Part 10.1—General transitional provisions 225

218 Definitions 225 Part 10.2—Permissions 226

219 Prescribed equivalent permissions 226 220 Pending applications 228 221 Prescribed provisions 229 222 Temporary prescribed exemptions—operating activities 231 223 Temporary prescribed exemptions—permit activities 231 224 Temporary prescribed exemptions—registration activities 233

Schedule 1—Prescribed permission activities and fees 235 Schedule 2—EPU values table 269 Schedule 3—Methane gas action levels 270 Schedule 4—Class 1, 2 and 3 substances 271 Schedule 5—Waste classification 277

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Schedule 6—Categories of priority waste 293 Schedule 7—Reportable priority waste transaction details 297 Schedule 8—Restricted areas for landfill infrastructure 301 Schedule 9—Method for determining the concentration of carbon monoxide and hydrocarbons in the exhaust gases of a motor vehicle 302 Schedule 10—Infringement offences and infringement penalties 306 Schedule 11—Component fees 314

═════════════ Endnotes 321

1

Victoria

Environment Protection Regulations

Second Exposure Draft

Chapter 1—Preliminary

Part 1.1—Introductory matters 1 Objectives

The objectives of these Regulations are to further the purposes of, and give effect to, the Environment Protection Act 2017 by—

(a) imposing obligations in relation to environmental protection, pollution incidents, contaminated land and waste, including in relation to on-site wastewater management systems; and

(b) providing for activities and other matters for the purposes of permissions under the Act; and

(c) specifying matters in relation to litter, water, the atmosphere, land, noise and vehicle emissions; and

Part 1.1—Introductory matters

Environment Protection Regulations Second Exposure Draft

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(d) encouraging retailers and consumers to reduce the overall use of plastic bags that often enter the environment as litter, by banning thin, single-use plastic shopping bags; and

(e) setting out additional matters in relation to the environmental audit system; and

(f) prescribing activities in respect of which— (i) the environment protection levy is

payable; and (ii) the waste levy is payable; and (iii) the Authority may require a financial

assurance; and (g) prescribing the form and manner of certain

applications; and (h) prescribing infringement offences and

infringement penalties; and (i) providing for exemptions from certain

provisions of the Act and these Regulations; and

(j) prescribing the fees payable under the Act; and

(k) providing for transitional arrangements; and (l) prescribing other matters necessary to give

effect to the Act. 2 Authorising provision

These Regulations are made under section 465 of the Environment Protection Act 2017.

3 Commencement These Regulations come into operation on 1 July 2021.



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4 Definitions In these Regulations— accredited consigner means a person appointed as

an accredited consigner under regulation 89; administrative amendment means a change to a

licence that— (a) does not alter any obligation of the

licence holder; or (b) is a minor technical or clerical

amendment; Examples

Changes that correct one or more clerical mistakes, unintended omissions, miscalculated amounts or misdescriptions of any person, thing or activity.

ADR 83/00 means the Vehicle Standard (Australian Design Rule 83/00 – External Noise) 2005, Compilation dated 5 November 2013, published by the Commonwealth Department of Infrastructure, Regional Development and Cities, as in force from time to time;

A-frequency weighting has the same meaning as in the Noise Protocol;

alter, in relation to an on-site wastewater management system, means any change (other than general maintenance of the system) to—

(a) the design or construction of the system; or

(b) the operation of the system, or to the place or premises on or in which the system is located, which may increase the hydraulic flow or organic load of the system;



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alternative assessment criterion means the maximum effective noise level that applies at an alternative assessment location to ensure compliance with the noise limit, as determined in accordance with the Noise Protocol;

alternative assessment location means a point used as a substitute measurement point for the assessment of noise, as determined in accordance with the Noise Protocol;

ambulance service has the same meaning as in the Ambulance Services Act 1986;

animal unit means one head of cattle or 5 of any other kind of mammal;

annual fee, in relation to an operating licence, means the fee calculated under regulation 177;

ANZSIC code, for an activity, means the classification code given to that activity under the Australian and New Zealand Standard Industrial Classification 2006 released by the Australian Bureau of Statistics, as in force from time to time;

ANZSIC codes for NPI reporting means the list of ANZSIC codes for National Pollutant Inventory reporting by activity type published by the Commonwealth Department of Environment and Energy, as in force from time to time;

APCO means Australian Packaging Covenant Organisation Ltd; Note

APCO is the representative body for industry participants in the packaging supply chain who are signatories to the Australian Packaging Covenant.



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approved motor vehicle tester means a person appointed as an approved motor vehicle tester under regulation 155;

aquifer has the same meaning as in the Water Act 1989; Note

Aquifer in the Water Act 1989 means a geological structure or formation or an artificial land fill permeated or capable of being permeated permanently or intermittently with water.

AS/NZS 4012 means the Australian/New Zealand Standard 4012:2014, Domestic solid fuel burning appliances—Method for determination of power output and efficiency, published by Standards Australia and Standards New Zealand, as in force from time to time;

AS/NZS 4013 means the Australian/New Zealand Standard 4013:2014, Domestic solid fuel burning appliances—Method for determination of flue gas emission, published by Standards Australia and Standards New Zealand, as in force from time to time;

Australian Light Vehicle Standards (ALVS) Rules means the Australian Light Vehicle Standards Rules 2015, published by the National Transport Commission in 2015, as in force from time to time;

Australian Packaging Covenant means the agreement by that name (including all schedules and annexes to that agreement) between the Commonwealth, State and Territory governments and APCO to reduce the environmental impacts of consumer packaging in Australia, dated 2017, as in force from time to time;



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average threshold means the 95% upper confidence limit on the arithmetic average concentration of a contaminant in or on soil that is equal to the HIL for that contaminant for the current use of the land, as specified in section 6 of Schedule B1 to the NEPM (ASC);

background level, for the purposes of Part 5.3, means the background level as determined in accordance with the Noise Protocol;

banned plastic bag means a bag, other than an exempt plastic bag—

(a) with handles; and (b) that comprises, either wholly or partly,

plastic, whether or not that plastic is biodegradable, degradable or compostable; and

(c) that has a thickness of 35 microns or less at any part of the bag;

brand owner means— (a) in relation to a product that is sold or

distributed in Australia— (i) a person who is the owner of the

product name under which the product is sold or distributed; or

(ii) if no person in Australia satisfies

subparagraph (i) in relation to the product, each person who is a licensee of the product name under which the product is sold or distributed, but only in respect of those items of the product that are sold or distributed under that licence; or



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(iii) if no person in Australia satisfies subparagraph (i) or (ii) in relation to the product, each person who is a franchisee under a business arrangement that allows the person to sell or otherwise distribute the product in Australia, but only in respect of those items of the product that are sold or distributed by the person under that arrangement; or

(iv) if no person in Australia satisfies subparagraph (i), (ii) or (iii) in relation to the product, the first person to sell or distribute that product in Australia; and

(b) in relation to a plastic bag that is provided to a consumer for the transportation of products purchased by the consumer in Australia—

(i) the importer or manufacturer of the plastic bag; or

(ii) the retailer who provides the plastic bag to the consumer at or around the point of sale;

bus has the same meaning as in the Bus Safety Act 2009;

Category A waste means priority waste that is classified as Category A waste in accordance with regulation 67 or 68;

Category B waste means priority waste that is classified as Category B waste in accordance with regulation 67 or 68;

Category C waste means priority waste that is classified as Category C waste in accordance with regulation 67 or 68;



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Category D waste means priority waste that is classified as Category D waste in accordance with regulation 67 or 68;

certificate of compliance means a certificate issued by an approved motor vehicle tester under regulation 157;

chemical process means any process where a chemical change occurs, but does not include physical processes such as mixing or blending;

Chief Health Officer has the same meaning as in the Public Health and Wellbeing Act 2008;

Class 1 substance means a substance listed in Schedule 4 as a Class 1 substance;



commercial, industrial and trade premises means any premises except the following—

(a) residential premises (other than common plant under the control of an owners corporation);

(b) a street or road, including every carriageway, footpath, reservation and traffic island on any street or road;

(c) a railway track used by rolling stock in connection with the provision of a freight service or passenger service—

(i) while travelling on a railway track or tramway track; or

(ii) while entering or exiting a siding, yard, depot or workshop;



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(d) a railway track used by rolling stock in connection with the provision of a passenger service, while in a siding, yard, depot or workshop and is—

(i) powering up to commence to be used in connection with the provision of a passenger service; or

(ii) shutting down after being used in connection with the provision of a passenger service;

(e) the premises situated at Lower Esplanade, St Kilda and known as "Luna Park" and being the whole of the land more particularly described in Certificate of Title Volume 1204 Folio 109;

Note

The maintenance, cleaning or loading of rolling stock stabled in a siding, yard, depot or workshop are included within the meaning of commercial, industrial and trade premises.

Examples

Common plant under the control of an owners corporation at residential premises includes common air conditioning units, car stackers and lift equipment in apartment buildings, all of which must be assessed as noise from commercial, industrial and trade premises in accordance with the Noise Protocol.

compost means an organic product that has undergone controlled aerobic and thermophilic biological transformation through the composting process to achieve pasteurisation and reduce phytotoxic compounds, and achieved a specified level of maturity required for compost;



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concert means an operation at an outdoor entertainment venue or an outdoor entertainment event if the effective noise level exceeds 55dB(A) (or 45dB(A) if measured indoors) assessed as an LAeq of 15 cumulative minutes at any measurement point in a noise sensitive area at least once during a 24-hour period;

consign, in relation to waste, means arranging for the transport of the waste;

consumer packaging means all packaging products made of any material, or combination of materials, for the containment, protection, marketing or handling of consumer products, and includes distribution packaging;

controlled waste has the meaning set out in clause 3 of the NEPM (MCW);

dB(A) means a noise level determined in accordance with A-frequency weighting;

declaration of use means a declaration of use made under regulation 64;

designated waste means reportable priority waste, in liquid form with a waste code J100, J120, J130, K100 or L100 in Schedule 5;

designation, for the purposes of Part 4.2, means— (a) a designation setting out the waste

classification for a waste; or (b) a designation relating to mixing,

blending or diluting waste; diesel engine means an internal combustion engine

that operates on the compression-ignition principle;



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digestate means the material remaining after the anaerobic digestion of organic waste;

distribution packaging means all packaging that contains multiples of products (the same or mixed) intended for direct consumer purchase, including— (a) secondary packaging used to secure or

unitise multiples of consumer products such as cardboard boxes, shipper, shrink film overwrap; and

(b) tertiary packaging used to secure or unitise multiples of secondary packaging such as pallet wrapping stretch film, shrink film, strapping;

DT80 test cycle means the DT80 transient test procedure for the testing of diesel-fuelled vehicle exhaust emissions as set out in Division 1 of Part 9 of the ALVS Rules;

effective noise level means— (a) in Division 3 of Part 5.3, the level of

noise emitted from commercial, industrial and trade premises and, if appropriate, adjusted to take into account the character and duration of the noise and the measurement conditions, as determined in accordance with the Noise Protocol; and

(b) in Division 4 of Part 5.3, the level of music noise from an indoor entertainment venue, outdoor entertainment venue or outdoor entertainment event, measured in a noise sensitive area or at an alternative assessment location, as determined in accordance with the Noise Protocol;



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electricity distribution company has the same meaning as distribution company has in the Electricity Industry Act 2000;

equivalent passenger units or EPU, in relation to a type of tyre in column 2 of the Table in Schedule 2, means the corresponding value in column 3 of that Table;

ESMP data manual means the ESMP data manual 1992—Engine speed at maximum power and noise test engine speeds for vehicles 1970 to 2005, published by the Authority on its website, as in force from time to time;

ethanol-blended petrol means petrol containing 4% or more of ethanol by volume but not more than 20% of ethanol by volume;

e-waste means waste in the form of electrical or electronic equipment, devices or things (or materials or parts of such equipment, devices or things), the operation of which is dependent on, or designed for the generation, transfer or measurement of, an electric current or electromagnetic field;

exempt plastic bag means a bag that comprises, either wholly or partly, plastic and that is an integral part of the packaging in which goods are sealed or provided for sale;

fill material is industrial waste that is soil— (a) with contaminant concentrations not

exceeding the upper limits for fill material contaminant concentrations specified in the Waste Disposal Categories —Characteristics and Thresholds; and

(b) that does not contain asbestos;



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forward-control passenger vehicle has the same meaning as in the relevant design rules;

freight service has the same meaning as in the Rail Management Act 1996;

frequency means the property of sound that measures the rate of repetition of the sound wave, in Hertz (Hz) or cycles per second;

frequency spectrum means the distribution of the energy or the magnitude of a sound across each frequency component;

friable asbestos means asbestos that, when dry— (a) may be crumbled, pulverised or

reduced to powder by hand pressure; or (b) as a result of a work process becomes

such that it may be crumbled, pulverised or reduced to powder by hand pressure;

gas distribution company has the same meaning as in the Gas Industry Act 2001;

goods vehicle means any motor vehicle, other than a passenger car or passenger car derivative, that— (a) is constructed principally for the

carriage of goods; and (b) has at least 4 wheels;

gross vehicle mass or GVM has the same meaning as in the Road Safety Act 1986;

hazardous substance means a substance which meets the hazardous properties assessment criteria in items 1 or 2 of Table 2 in the Waste Classification Assessment Protocol;

health service has the same meaning as in the Public Health and Wellbeing Act 2008;



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heavy vehicle has the same meaning as in the Heavy Vehicle National Law (Victoria);

highway means— (a) any street, road, lane, bridge,

thoroughfare or other place open to or used by members of the public for passage by motor vehicles; and

(b) any public car park; HIL means the health investigation levels listed in

Tables 1A(1) and 1A(2) in Schedule B1 to the NEPM (ASC);

HSL means the health screening levels listed in Tables 1A(3), 1A(4) and 1A(5) in Schedule B1 to the NEPM (ASC);

IANZ means International Accreditation New Zealand;

indoor entertainment venue means any premises (other than residential premises or an outdoor entertainment venue), where music is played and includes a live music entertainment venue, hotel, tavern, cabaret, night club, discotheque, reception centre, skating rink, restaurant, cafe, health and fitness centre, recording and rehearsal studio, theatre, amusement park, amusement parlour, retail store, shop, public hall and club;

information technology and telecommunications equipment means products and equipment used for the collection, storage, processing, presentation, communication, transmission or receipt of sound, images, video or other information by electronic means or telecommunications;



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kerbside recycling collection means the collection of waste by a person under contract with a council or a Waste and Resource Recovery Group;

LAeq has the same meaning as in the Noise Protocol;

land, for the purposes of Part 3.5 and Schedule 1, does not include groundwater;

land capability assessment means an assessment of the risks of harm to human health and the environment of the proposed or existing on-site wastewater management system at the site, taking into account the proposed or existing use of the system;

leachate means the liquid formed from rainwater and waste breakdown products within a landfill or contaminated water that has percolated through or drained from a landfill;

live music entertainment venue has the same meaning as in the VPPs; Note

Live music entertainment venue under the VPPs includes a food and drink premises, nightclub, function centre or residential hotel that includes live music entertainment and a rehearsal studio.

localised elevated value threshold means the concentration of a contaminant in an individual soil sample that is equal to 250% of the HIL for that contaminant for the current use of the land, as specified in section 6 of Schedule B1 to the NEPM (ASC);



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major urban area means the areas of land within— (a) the urban growth boundary identified

in a planning scheme, if the population is greater than 7000; or

(b) if paragraph (a) does not apply, the urban centre boundary (as defined by the Australian Bureau of Statistics) of an urban centre with a population greater than 7000 persons, including land within the whole of any Residential Zone, Industrial Zone, Commercial Zone or Urban Growth Zone that is crossed by the urban centre boundary;

measurement point means a point at which the microphone is located to measure the effective noise level or the background level, as determined in accordance with the Noise Protocol;

motor cycle means a motor vehicle with 2 wheels, and includes a 2-wheeled motor vehicle with a sidecar attached to it that is supported by a third wheel;

motor trike means a motor vehicle with 3 wheels, but does not include a 2-wheeled motor vehicle with a sidecar attached to it that is supported by a third wheel;

music means any combination of sounds produced by the playing of a musical instrument, by singing, recitation or dancing, or the reproduction of these;

music noise means music and associated contemporaneous sounds heard in a noise sensitive area;



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NATA means the National Association of Testing Authorities, Australia;

National Environment Protection (Assessment of Site Contamination) Measure or NEPM (ASC) means the National Environment Protection (Assessment of Site Contamination) Measure 1999 made under section 14 of the National Environment Protection Council (Victoria) Act 1995 and the equivalent legislation of the participating jurisdictions, as in force from time to time;

National Environment Protection (Movement of Controlled Waste between States and Territories) Measure or NEPM (MCW) means the National Environment Protection (Movement of Controlled Waste between States and Territories) Measure made under section 14 of the National Environment Protection Council (Victoria) Act 1995 and the equivalent legislation of the participating jurisdictions, as in force from time to time;

National Environment Protection (National Pollutant Inventory) Measure or NEPM (NPI) means the National Environment Protection (National Pollutant Inventory) Measure made under section 14 of the National Environment Protection Council (Victoria) Act 1995 and the equivalent legislation of the participating jurisdictions, as in force from time to time;

National Pollutant Inventory or NPI means the inventory of emitted and transferred substances, established as a result of the NEPM (NPI);

National Stationary Exhaust Noise Test means the National Stationary Exhaust Noise Test Procedures for In-Service Motor Vehicles



18

published by the National Transport Commission in September 2006, as in force from time to time;

natural acoustic environment means the properties or qualities of the environment relating to natural sound that is not significantly impacted by noise from human activity;

new vehicle has the same meaning as in the Motor Vehicle Standards Act 1989 of the Commonwealth;

noise limit means the maximum effective noise level allowed in a noise sensitive area, as determined in accordance with the Noise Protocol;

Noise Protocol means the Noise limit and assessment protocol for the control of noise from commercial, industrial and trade premises and entertainment venues, published by the Authority on its website, as in force from time to time;

noise sensitive area means— (a) that part of the land within the

boundary of a parcel of land that is— (i) within 10 metres of the outside of

the external walls of any of the following buildings—

(A) a dwelling (including a residential care facility but not including a caretaker's house);

(B) a residential building; (C) a noise sensitive residential

use; or



19

(ii) within 10 metres of the outside of the external walls of any dormitory, ward, bedroom or living room of one or more of the following buildings—

(A) a caretaker's house; (B) a hospital; (C) a hotel; (D) a residential hotel; (E) a motel; (F) a specialist disability

accommodation; (G) a corrective institution; (H) a tourist establishment; (I) a retirement village; (J) a residential village; or (iii) within 10 metres of the outside of

the external walls of a classroom or any room in which learning occurs in the following buildings (during their operating hours)—

(A) a child care centre; (B) a kindergarten; (C) a primary school; (D) a secondary school; or (b) subject to paragraph (c), in the case of a

rural area only, that part of the land within the boundary of—

(i) a tourist establishment; or (ii) a campground; or (iii) a caravan park; or



20

(c) despite paragraph (b), in the case of a rural area only, where an outdoor entertainment event or outdoor entertainment venue is being operated, that part of the land within the boundary of the following are not noise sensitive areas for the purposes of that event or venue—

(i) a tourist establishment; (ii) a campground; (iii) a caravan park;

noise sensitive residential use has the same meaning as in the VPPs; Note

Noise sensitive residential use under the VPPs means a community care accommodation, dependent person's unit, dwelling, residential aged care facility, residential village, retirement village or rooming house.

non-aqueous phase liquid means an organic or inorganic liquid that—

(a) is not miscible with water; and (b) can exist in soil or groundwater in

various forms; and (c) is commonly present as a measurable

thickness (phase-separated) or sheen; and

(d) may be identifiable analytically (in soil or groundwater) when solubility has been reached or observed to be present within the unsaturated soil, rock profile or aquifer matrix;

Example

Oil in water.



21

odorous compound means any chemical compound, including a volatile organic compound, that is offensive to the senses of human beings when dispersed in the atmosphere;

off-road passenger vehicle has the same meaning as in the relevant design rules;

on-site wastewater management system means an on-site wastewater treatment plant with a design or actual flow rate of sewage not exceeding 5000 litres on any day and includes all beds, sewers, drains, pipes, fittings, appliances and land used in connection with the treatment plant;

on-site wastewater treatment plant means a treatment plant for the bacterial, biological, chemical or physical treatment of sewage generated on site; Examples

Septic tank system, wet or dry composting toilet, aerobic treatment and sand filter.

operation, for the purposes of Part 5.3, means an activity that emits music noise from an outdoor entertainment venue or outdoor entertainment event over a 24-hour period;

outdoor entertainment event means an event where music is played and is held on public land including a road reservation, public open space, park, foreshore reserve or land of a similar nature, including an event held on such land in a temporary building or structure, such as a marquee, tent or temporary soundstage, not being a permanent fixture of the land and erected for the purposes of the event;



22

outdoor entertainment venue means any premises (other than residential premises) where music is played in the open air and which cannot feasibly be totally enclosed and sound-proofed because of its size; Examples

Sports and other large outdoor arenas and major sports and recreation facilities having substantial provision for spectators, including privately owned land used as an outdoor entertainment venue.

packaged waste asbestos means waste that is classified as packaged waste asbestos in accordance with regulation 67;

participating jurisdiction has the same meaning as in the National Environment Protection Council (Victoria) Act 1995;

participation rate, for a recycling collection service, means the number of households or other premises participating in the service, expressed as a proportion of the number of households or premises to whom the service is available;

particles include the following— (a) particles as PM2.5; (b) particles as PM10; (c) total suspended particles; (d) total suspended particles (nuisance

dust); particles as PM2.5 means particulate matter with

an equivalent aerodynamic diameter of 2ꞏ5 micrometres or less;

particles as PM10 means particulate matter with an equivalent aerodynamic diameter of 10 micrometres or less;



23

passenger car has the same meaning as in the relevant design rules;

passenger car derivative means any motor vehicle—

(a) of the type known as a utility or panel van and of the same make as a factory produced passenger car; and

(b) in which the greater part of the body form and the greater part of the forward mechanical equipment are the same as those in the passenger car;

passenger service has the same meaning as in the Rail Management Act 1996;

pasteurised material means organic material with reduced pathogens and plant propagules following exposure to heat;

petrol includes any liquid fuel or mixture of fuels of a kind used in internal combustion spark ignition engines;

planning scheme means a planning scheme approved under the Planning and Environment Act 1987 as in force from time to time under that Act;

post-consumer waste stream means the waste produced by the end consumer of a material stream, that is, if the waste-producing use does not involve the production of another product;

ppm means parts per million by volume; product name includes a trade mark, brand name

or trade name, whether or not registered in Australia;



24

project site, for the purposes of item 25 (A17—Containment of Category D waste soil) in the Table in Schedule 1, means any land specified by the Authority in the permit provided that land is—

(a) a single area of land which is identified in a document as part of an amendment to a planning scheme under the Planning and Environment Act 1987 made on or after 1 July 2021; or

(b) land that relates to public works within the meaning of the Environment Effects Act 1978;

railway track has the same meaning as in the Rail Management Act 1996;

recover, in relation to materials, means to separate those materials from other waste in a manner that enables them to be reused for packaging or used for other products;

recovery rate has the meaning given in regulation 96;

recreation motor cycle means any 2-wheeled motor cycle that is registered as a recreation motor cycle under the Road Safety (Vehicles) Regulations 2009;

recyclable, in relation to product packaging, means reasonably able to be recovered in Australia through an approved or accredited collection or drop-off system, and able to be reprocessed and used as a raw material for the manufacture of a new product;

regulated petrol producer means a person who produces petrol by any of the following—

(a) importing petrol for use in Victoria; (b) refining petrol for use in Victoria;



25

(c) blending petrol for use in Victoria; relevant design rules means the Vehicle Standard

(Australian Design Rule—Definitions and Vehicle Categories), Compilation 9, dated 14 May 2016, published by the Commonwealth Department of Infrastructure, Regional Development and Cities, as in force from time to time;

relevant environment protection legislation means—

(a) the Act or these Regulations; and (b) any corresponding Act of another State

or a Territory or the Commonwealth or any regulations made under that Act;

relevant period, in relation to the waste levy and allowable rebate, means—

(a) a period of 3 months ending on 31 March, 30 June, 30 September or 31 December in any year; or

(b) any other period of time required by a liable person's operating licence;

reportable priority waste (transactions) means priority waste set out in regulation 71;

reportable priority waste (transport) means priority waste set out in regulation 72;

retailer means a person who sells goods in trade or commerce;

rolling stock has the same meaning as in the Rail Management Act 1996;

rural area means land that is not within a major urban area;



26

sewage means wastewater containing any of human excreta, urine and toilet flush water and includes greywater (which is also called sullage and may include water from the shower, bath, basins, washing machine, laundry trough and kitchen);

signatory means a signatory to the Australian Packaging Covenant, and includes an organisation that accedes to that Covenant after it is made, whether before or after the commencement of Part 4.3;

significant development licence application means an application for a development licence the Authority considers is reasonably likely to have significant implications for public health and meets the criteria specified by the Minister for the purposes of regulation 22(1)(c) in a determination published in the Government Gazette;

soil containing asbestos only means priority waste that is classified as soil containing asbestos only in accordance with regulation 67 or 68;

solid fuel heater means a domestic solid fuel burning appliance as set out in clause 1.2 of AS/NZS 4012 or clause 1.2 of AS/NZS 4013, regardless of whether the appliance—

(a) was manufactured before or after the commencement of these Regulations; or

(b) is new or used; source, in relation to Part 3.5 and Schedule 1,

means a point from which wastes are discharged or emitted to the atmosphere;



27

spark ignition engine means an internal combustion engine in which the mixture of air and fuel is ignited by means of electrical spark;

specified combustible recyclable and waste material means paper, cardboard, wood, plastic, rubber, tyres, tyre-derived waste, textiles, e-waste, metal and other materials with combustible contaminants, combustible by-products of metal processing activities and refuse-derived fuel;

specified electronic waste means waste rechargeable batteries, cathode ray tube monitors and televisions, flat panel monitors and televisions, information technology and telecommunications equipment, lighting and photovoltaic panels;

stationary noise level, in relation to a particular type of vehicle, means the noise level established for that vehicle in accordance with ADR 83/00 when the vehicle is stationary;

telecommunications carrier means the holder of a carrier licence granted under the Telecommunications Act 1997 of the Commonwealth;

the Act means the Environment Protection Act 2017;

tourist establishment means tourist facilities that are located within an area that is characterised by a natural acoustic environment that supports tourism experiences, and includes accommodation (such as a bed and breakfast establishment);



28

trade waste has the same meaning as in the Water Act 1989;

turnover means gross annual income; unsolicited document means a document that is,

or is intended to be, deposited in, on or at, or affixed to, a place or premises without—

(a) being addressed by name to a person who owns, occupies or manages the place or premises; or

(b) the express consent of the owner, occupier or manager of the place or premises;

but does not include the following— (c) any stamped mail delivered by, or on

behalf of, Australia Post; (d) any material that has a political purpose

if deposited in accordance with regulation 55(2)(a);

(e) a newspaper or magazine or any material folded or inserted into a newspaper;

(f) any public notice issued by a litter authority or a body supplying electricity, gas, water, transport, communications or other service;

(g) any document issued under, or for the purposes of, any Act or Commonwealth Act or regulations made under any Act or Commonwealth Act;

(h) any other document issued by, or on behalf of, a council, a public sector body or a Commonwealth entity within the meaning of the Public Governance,



29

Performance and Accountability Act 2013 of the Commonwealth;

Examples

1 Junk mail.

2 An advertising leaflet placed under the windshield wiper of a car without the consent of the owner.

3 A poster or bill pasted onto a wall without the consent of the owner.

urban growth boundary means a boundary that is specified or is to be specified as an urban growth boundary in a planning scheme;

vapour pressure, in relation to Division 6 of Part 5.6, means the petrol's volatility at 37ꞏ8oC measured using the test method specified in ASTM D4953-15 Standard Test Method for Vapor Pressure of Gasoline and Gasoline-Oxygenate Blends (Dry Method) published by ASTM International in 2015, as in force from time to time or other method approved by the Authority;

vehicle testing notice means a written notice given by the Authority under regulation 156;

Victoria Planning Provisions or VPPs has the same meaning as in the Planning and Environment Act 1987;

volatile organic compound means any carbon-based chemical compound with a vapour pressure of at least 0ꞏ010 kPa at a temperature of 25°C or having a corresponding volatility under the particular conditions of use, but does not include carbon monoxide (CO), carbon dioxide (CO2), carbonic acid, metallic carbides or carbonate salts;



30

Waste Classification Assessment Protocol means the Waste Classification Assessment Protocol published by the Authority on its website, as in force from time to time;

waste code means a code identifier for a waste specified in column 4 of Schedule 5 or, if there is no suitable waste code specified in column 4 of Schedule 5, allocated in a designation issued by the Authority;

Waste Disposal Categories—Characteristics and Thresholds means the Waste Disposal Categories—Characteristics and Thresholds published by the Authority on its website, as in force from time to time;

waste tyres means whole rubber tyres which are considered waste for the purposes of the Act;

wastewater means waste principally consisting of water and includes any of the following—

(a) sewage or other human-derived wastewater;

(b) wash down water or cooling water; (c) irrigation runoff or contaminated

stormwater; (d) contaminated groundwater; (e) water containing any commercial,

industrial and trade waste; water corporation has the same meaning as in the

Water Act 1989. 5 Determinations of the Authority (1) The Authority may make a determination for the

purposes of section 36(a) of the Act that sets out the background level (including the manner of deriving the background level) of waste or a chemical substance in relation to land.



31

(2) A determination made by the Authority under subregulation (1) may—

(a) set out the background level (including the manner of deriving the background level) of any of the following—

(i) waste or a type of waste; (ii) a chemical substance or a class of

chemical substance; and (b) be limited to a specific place or premises or

class of place or premises; and (c) be of specific or general application. (3) The Authority may make a determination that sets

out the specifications acceptable to the Authority in relation to the following—

(a) a proposed on-site wastewater treatment plant under regulation 26(2)(c), 29(4) or 32(2)(c);

(b) receiving industrial waste under regulation 63(b);

(c) the use of waste tyres under regulation 63(j) for the purposes of item 14 (A09b—Waste tyre storage—small) in the Table in Schedule 1;

(d) a declaration of use made under regulation 64(2).

Note

The Act authorises the Authority to make determinations of other matters, including that a person does not require a certain type of permission (see section 48 of the Act).

(4) The Authority may include in a determination under this regulation any condition or limitation it considers appropriate in the circumstances.



32

(5) If the Authority makes a determination under this regulation it must publish a notice in the Government Gazette that—

(a) states that the determination has been made; and

(b) identifies to whom and to what the determination applies; and

(c) identifies any provision of these Regulations to which the determination relates; and

(d) includes any other details that the Authority considers to be appropriate.

(6) As soon as practicable after publishing a notice in the Government Gazette, the Authority must cause a similar notice to be published on its website.

(7) A determination takes effect on the day on which the notice is published in the Government Gazette, or on any later day specified in the notice.

(8) The Authority must make a copy of a determination available for inspection, on request, by any person affected by the determination.

(9) Nothing in this regulation requires the Authority to include in the notice under subregulation (5) or (6) or the copy of the determination under subregulation (8)—

(a) any confidential or personal information about an individual; or

(b) any confidential information relating to manufacturing or commercial secrets or working processes.

6 Act compliance notes If a note at the foot of a provision of these Regulations states "Act compliance" followed by a reference to a section number, the regulation provision sets out the way in which a person's



33

duty or obligation under that section of the Act is to be performed in relation to the matters and to the extent set out in the regulation provision. Note

A failure to comply with a duty or obligation under a section of the Act referred to in an "Act compliance" note is an offence to which a penalty or other sanction (including a notice under Chapter 10 of the Act) applies.

7 References to Chapters and Parts Unless the context otherwise requires, a reference in these Regulations to a Chapter or Part by a number must be construed as a reference to the Chapter or Part, designated by that number, of these Regulations.

Part 2.1—Contaminated land


34

Chapter 2—Contaminated land


Division 1—Prescribed notifiable contamination 8 Soil contamination

For the purposes of section 37(a) of the Act, the following is prescribed notifiable contamination—

(a) the presence of a contaminant in or on soil on land under the management or control of a person if—

(i) a person is, or is likely to be, exposed to the contaminant; and

(ii) the concentration of the contaminant is, and is likely to remain, at a concentration that is—

(A) above the average threshold for that contaminant; or

(B) equal to or above the localised elevated value threshold for that contaminant;

(b) the presence of a contaminant in or on soil on land adjacent to land under the management or control of a person if—

(i) the contaminant has entered from, or is likely to have entered from, the land under the management or control of the person; and

(ii) the concentration of the contaminant is, and is likely to remain, at a concentration that is—

(A) above the average threshold for that contaminant; or



35

(B) equal to or above the localised elevated value threshold for that contaminant;

(c) the presence of a contaminant in or on soil on land under the management or control of a person—

(i) that is likely to enter and remain on land adjacent to that land; and

(ii) in a concentration that is likely to be above the HIL for that contaminant for the current use of the adjacent land, as specified in section 6 of Schedule B1 to the NEPM (ASC).

9 Asbestos in or on soil For the purposes of section 37(a) of the Act, the presence of friable asbestos in or on soil on land is prescribed notifiable contamination if a person is, or is likely to be, exposed to airborne asbestos fibre levels of above 0ꞏ01 fibres per millilitre by means of inhalation.

10 Actual or likely contamination of groundwater or surface water

(1) For the purposes of section 37(a) of the Act, the entry or likely entry of a contaminant into groundwater is prescribed notifiable contamination if—

(a) the groundwater discharges, or is likely to discharge, to surface water, or is used, or may be used, for—

(i) human consumption or contact; or (ii) stock watering; or (iii) irrigation; and



36

(b) the concentration of the contaminant in the groundwater—

(i) is, or is likely to be, above the default guideline value for that contaminant specified in the ANZG, or the guideline value for that contaminant specified in the ADWG; and

(ii) is likely to remain above that specified concentration.

(2) For the purposes of section 37(a) of the Act, the entry or likely entry of a contaminant into surface water is prescribed notifiable contamination if the concentration of the contaminant in the surface water—

(a) is, or is likely to be, above the default guideline value for that contaminant specified in the ANZG, or the guideline value for that contaminant specified in the ADWG; and

(b) is likely to remain above that specified concentration.

(3) For the purposes of section 37(a) of the Act, the presence of any non-aqueous phase liquid in groundwater, surface water or an aquifer on or in land is prescribed notifiable contamination.

(4) In this regulation— ADWG means the Australian Drinking Water

Guidelines Paper 6—National Water Quality Management Strategy, published by the National Health and Medical Research Council, National Resource Management Ministerial Council, Commonwealth of Australia in 2011, as in force from time to time;



37

ANZG means the Australian and New Zealand Guidelines for Fresh and Marine Water Quality, published by the Australian and New Zealand Governments and Australian State and Territory Governments in 2018, as in force from time to time.

11 Vapour inhalation pathway (vapour intrusion) (1) For the purposes of section 37(a) of the Act, in the

circumstances specified in subregulation (2), the following are prescribed notifiable contamination—

(a) the 95% upper confidence limit on the arithmetic average concentration of a contaminant in soil vapour samples from the land is above the interim soil vapour HIL for volatile organic chlorinated compounds for the current use of the land as specified in section 6 of Schedule B1 to the NEPM (ASC);

(b) the concentration of a contaminant in an individual soil vapour sample from the land is equal to or above 250% of the interim soil vapour HIL for volatile organic chlorinated compounds for the current use of the land or any land adjacent to the land as specified in section 6 of Schedule B1 to the NEPM (ASC);

(c) the 95% upper confidence limit on the arithmetic average concentration of a contaminant in soil vapour samples from the land is above the soil vapour HSL for vapour intrusion for the current use of the land or any land adjacent to the land as specified in section 6 of Schedule B1 to the NEPM (ASC);



38

(d) the concentration of a contaminant in an individual soil vapour sample from the land is equal to or above 250% of the soil vapour HSL for vapour intrusion for the current use of the land or any land adjacent to the land as specified in section 6 of Schedule B1 to the NEPM (ASC);

(e) the 95% upper confidence limit on the arithmetic average concentration of a contaminant in soil samples from the land is above the soil HSL for vapour intrusion for the current use of the land as specified in section 6 of Schedule B1 to the NEPM (ASC);

(f) the concentration of a contaminant in an individual soil sample from the land is equal to or above 250% of the soil HSL for vapour intrusion for the current use of the land or any land adjacent to the land as specified in section 6 of Schedule B1 to the NEPM (ASC);

(g) the 95% upper confidence limit on the arithmetic average concentration of a contaminant in groundwater samples from the land is above the groundwater HSL for vapour intrusion for the current use of the land or any land adjacent to the land as specified in section 6 of Schedule B1 to the NEPM (ASC);

(h) the concentration of a contaminant in an individual groundwater sample from the land that is equal to or above 250% of the groundwater HSL for vapour intrusion for the current use of the land as specified in section 6 of Schedule B1 to the NEPM (ASC).



39

(2) For the purposes of subregulation (1), the following circumstances are specified—

(a) the concentration of a contaminant remains, or is likely to remain, above the concentration specified in that subregulation; and

(b) a person is, or is likely to be, exposed to the contaminant or any by-product of the contaminant.

12 On-site retention of contaminated soil For the purposes of section 37(a) of the Act, the on-site retention of soil (other than fill material) from contaminated land sourced on-site that is not an activity for which a permission is required, is prescribed notifiable contamination.

13 Prescribed exempt notifiable contamination For the purposes of section 40(4)(b) of the Act, the following are prescribed exempt notifiable contamination—

(a) a stockpile of industrial waste at a place or premises authorised to receive industrial waste, other than retention of soil described in regulation 12;

(b) contamination of land in relation to which a notice was served by the Authority under section 31A, 31B, or 62A of the Environment Protection Act 1970 for land or groundwater contamination, that was in force immediately before the repeal of that Act or had been revoked if there has been no material change in the condition of the land after the notice was served or revoked;

(c) contamination of land in relation to which a certificate of environmental audit or a statement of environmental audit has been



40

issued by an environmental auditor under the Environment Protection Act 1970, if—

(i) no potentially contaminating activities have been carried out on the land after the certificate or statement was issued; and

(ii) there has been no material change in the condition of the land after the certificate or statement was issued; and

(iii) there are no adverse effects on land adjacent to the land;

(d) contamination of land arising from a particular waste or a chemical substance that is not specified in section 6 of Schedule B1 to the NEPM (ASC), other than contamination arising from—

(i) asbestos described in regulation 9; or (ii) non-aqueous phase liquid described in

regulation 10(3). 14 Prescribed information for notifications

For the purposes of section 41(2)(e) of the Act, prescribed information is information on the management response, or proposed management response, to the notifiable contamination by the person in management or control of the land.

Division 2—Non-aqueous phase liquids 15 Clean up of non-aqueous phase liquids

A person in management or control of land where a non-aqueous phase liquid is present in soil or groundwater must, so far as reasonably practicable—

(a) clean up the non-aqueous phase liquid; and



41

(b) if the source of the non-aqueous phase liquid is located on the land, remove or control the source of the liquid.

Note

Act compliance—section 39 (see regulation 6).

Part 3.1—General


42

Chapter 3—Permissions

Part 3.1—General 16 Permission activities (1) For the purposes of section 44 of the Act, an

activity set out in column 3 of the Table in Schedule 1 is a prescribed development activity if the corresponding entry in column 4 of that Table specifies that the activity is a prescribed development activity.

(2) For the purposes of section 45 of the Act, an activity set out in column 3 of the Table in Schedule 1 is a prescribed operating activity if the corresponding entry in column 4 of that Table specifies that the activity is a prescribed operating activity.

(3) For the purposes of section 46 of the Act, an activity set out in column 3 of the Table in Schedule 1 is a prescribed permit activity if the corresponding entry in column 4 of that Table specifies that the activity is a prescribed permit activity.

(4) For the purposes of section 47 of the Act, an activity set out in column 3 of the Table in Schedule 1 is a prescribed registration activity if the corresponding entry in column 4 of that Table specifies that the activity is a prescribed registration activity.

Note

Subregulations (1), (2), (3) and (4) do not apply if, in relation to the activity, an exemption set out in Part 3.5 applies.

Part 3.1—General


43

17 Matters to be included in permission applications to the Authority

(1) For the purposes of section 50(1)(e) of the Act, the following information is prescribed in the case of an application made to the Authority for any permission—

(a) any evidence of the applicant's identity that is required by the Authority;

(b) a declaration to the effect that the information contained in the application is, to the best of the applicant's knowledge, true;

(c) if the applicant seeks to have the permission issued or granted in the name of a business, the business name and any written evidence required by the Authority of the registration of the business name.

(2) For the purposes of section 50(1)(e) of the Act, the following information is prescribed in the case of an application made to the Authority for a licence or a permit—

(a) a declaration as to whether or not the applicant and, if the applicant is a body corporate, any officer of the applicant or of another body corporate that has or had one or more officers in common with the applicant or any family member of the applicant has ever—

(i) been found guilty of any offence, or entered into an undertaking, under any relevant environment protection legislation and, if so, details of the findings of guilt; or

Part 3.1—General


44

(ii) been declared bankrupt or agreed to a personal insolvency agreement under Part X of the Bankruptcy Act 1966 of the Commonwealth; or

(iii) held property in a testamentary trust; (b) a declaration as to whether the applicant and,

if the applicant is a body corporate, any officer of the applicant or of another body corporate that has or had one or more officers in common with the applicant or any family member of the applicant has ever previously had a permission suspended or cancelled under any relevant environment protection legislation and, if so, details of the suspension or cancellation.

18 Prescribed conditions under section 64 of the Act (1) For the purposes of section 64(a) of the Act, a

condition that is described in the permission as applying for the purposes of section 64 of the Act is prescribed.

(2) For the purposes of section 64(b) of the Act, the following classes of conditions are prescribed—

(a) conditions requiring the permission holder to provide data or to report on matters to the Authority, another agency or the public, including reporting on compliance with the permission or the conditions attaching to the permission;

(b) conditions requiring the permission holder to make and retain records for inspection.

19 Prescribed circumstances for refusal of permission (1) For the purposes of sections 69(4)(c), 74(4)(d),

78(3)(c) and 81(4)(c) of the Act, it is a prescribed circumstance if an application specifies an activity involving a wastewater discharge or deposit to

Part 3.1—General


45

surface waters in a special water supply catchment area set out in Schedule 5 to the Catchment and Land Protection Act 1994.

(2) In this regulation— special water supply catchment area has the same

meaning as in the Catchment and Land Protection Act 1994.

20 Permission conditions (1) For the purposes of section 54(2)(l) of the Act, an

operating licence for an activity set out in item 7 (A05a—Landfills—excluding municipal landfills servicing

Part 3.1—General


46

(i) achieve a destruction efficiency of 98% for methane and volatile organic compounds; or

(ii) hold the landfill gas at a temperature of at least 1000oC for a minimum of 0ꞏ3 seconds each time a flare or unit is used.

(2) For the purposes of section 54(2)(l) of the Act, an operating licence for an activity set out in item 7 (A05a—Landfills—excluding municipal landfills servicing

Part 3.1—General


47

(b) if any waste being transported under the permission falls within one or more of the classes of dangerous goods listed in Appendix A of the Waste Classification Assessment Protocol, the holder of the permission must ensure that—

(i) the vehicle in which the waste is being transported is appropriately placarded within the meaning of regulation 84 of the Dangerous Goods (Transport by Road or Rail) Regulations 2018; and

(ii) the load is stowed, loaded and restrained in a way that does not contravene regulation 105 of the Dangerous Goods (Transport by Road or Rail) Regulations 2018; and

(iii) the waste is accompanied by transport documentation in a way that does not contravene regulation 129 of the Dangerous Goods (Transport by Road or Rail) Regulations 2018.

21 Authority or council may request additional information regarding certain applications

(1) This regulation applies to applications made— (a) to the Authority under the following sections

of the Act— (i) section 56(1); (ii) section 57(1); (iii) section 59(1); (iv) section 80(1) or (2); (v) section 82(1); (vi) section 84(1)(a); or

Part 3.1—General


48

(b) to a council under the following sections of the Act—

(i) section 56(1); (ii) section 57(1); (iii) section 59(1); (iv) section 83(1); (v) section 84(1)(b). (2) After receiving an application to which this

regulation applies, the Authority or council may require an applicant to provide additional information relating to that application the Authority or council considers necessary.

(3) An application to which this regulation applies is not complete until the information requested under subregulation (2) has been provided, to the satisfaction of the Authority or council.

Part 3.2—Licences


49

Part 3.2—Licences 22 Referral of development licence applications to

prescribed agencies (1) For the purposes of section 69(2) of the Act, the

following agencies are prescribed— (a) in the case of an application to conduct

extractive industry or mining activities, the Minister administering the Mineral Resources (Sustainable Development) Act 1990;

(b) in the case of an application relating to an activity that is to be engaged in within one or more municipal districts, any responsible authority within the meaning of the Planning and Environment Act 1987;

(c) in the case of a significant development licence application, the Secretary to the Department of Health and Human Services;

(d) any agency to which the Authority considers it appropriate in the circumstances to refer the application for comment.

(2) If the Minister administering the Mineral Resources (Sustainable Development) Act 1990 is referred an application under section 69(2) of the Act, the Minister must advise the Authority, within 15 business days after the referral—

(a) whether the proposed activity that is the subject of the application is prohibited by the planning scheme for the area in which that activity is to be engaged in; and

(b) if so, whether an amendment to the planning scheme is to be prepared to allow the activity in the area.

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(3) If a responsible authority is referred an application under section 69(2) of the Act, the responsible authority—

(a) must advise the Authority in writing, within 15 business days after the referral, whether any of the following apply to the activity that is the subject of the application—

(i) the activity is allowed by the planning scheme with or without conditions or prohibited by the planning scheme;

(ii) a permit under the Planning and Environment Act 1987 for the activity is required, has been issued or is being considered; and

(b) may provide written comments to the Authority, within 32 business days after the referral, stating whether the responsible authority—

(i) supports, does not object to or objects to the application; and

(ii) recommends that the Authority issue the development licence subject to any specific conditions the responsible authority considers appropriate.

(4) If the Secretary to the Department of Health and Human Services is referred an application under section 69(2) of the Act, the Secretary, within 15 business days after the referral, may provide written comments to the Authority that include any objections or recommendations the Secretary has in relation to the application.

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(5) For the purposes of section 69(4)(c) of the Act, the following are prescribed circumstances—

(a) the proposed activity that is the subject of the application is prohibited by a planning scheme, unless the Authority has been advised under subregulation (2)(b) that an amendment to the planning scheme is to be prepared;

(b) the Secretary to the Department of Health and Human Services provides written comments under subregulation (4) objecting to the issue of the development licence on the ground that public health is likely to be endangered if the development licence is issued.

23 Circumstances in which operating licence must be refused

For the purposes of section 74(4)(d) of the Act, it is a prescribed circumstance if, in the case of an application for an operating licence that specifies an activity set out in item 7 (A05a—Landfills—excluding municipal landfills servicing

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(d) e-waste, other than smoke detectors and e-waste that is dispersed in negligible quantities in wastes not otherwise prohibited from disposal at a landfill;

(e) used oil filters; (f) rigid steel or plastic containers with an

original volume equal to or greater than 200 litres contaminated with reportable priority waste (transport).

Note

Section 67 of the Act prevents the Authority from issuing or granting a permission in relation to a landfill site for receiving Category A waste.

24 Criteria for considering licence exemptions For the purposes of section 80(5) of the Act, the following are prescribed matters—

(a) the purposes of the Act; (b) the objective of the Authority; (c) the objects set out in section 111 of the Act; (d) the principles of environment protection; (e) whether granting the proposed exemption

may adversely affect— (i) human health or the environment; or (ii) the interests of any person other than

the applicant; or (iii) any environmental values identified in

any relevant environment reference standard;

(f) the best available techniques or technologies for engaging in the prescribed activity;

(g) whether the applicant has adequately engaged with any person whose interest

21538 - Second Exposure Draft...2020/12/14 · i Environment Protection Regulations Second Exposure...

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